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C.C.S.M. c. F20
The Family Maintenance Act
| 1 | Definitions |
| 2(1) | Best interests test applies |
| (2) | Child's views to be considered |
| 3(1) | Court may direct investigation |
| (2) | Investigation only to determine best interests |
| (3) | Refusal to co-operate |
| PART I | |
| SPOUSES AND COMMON-LAW PARTNERS | |
| 4(1) | Mutual support obligation |
| (2) | Conduct |
| (3) and (4) | |
| 5 | Personal expenses |
| 6 | Onus of self-support after separation |
| 7(1) | Factors affecting order |
| (2) | Domestic service as financial contribution |
| 8(1) | Financial information |
| (2) | Penalty for non-disclosure |
| 9(1) | Application for order |
| (2) | Effect of separation agreement |
| (3) | Restricted application of subsection (2) |
| (4) | Dum casta clauses inoperative |
| 10(1) | Order |
| (2) | Offer to settle by respondent |
| (3) | Offer to settle by applicant |
| (4) | Offer not to be communicated to judge |
| (5) | Postponement of sale |
| (6) | Right of occupancy restricted |
| 10.1(1) | Transitional re clauses 10(1)(c) and (d) and Division 2 of Part V |
| (2) | Effect of order under Domestic Violence Act on order made under clause 10(1)(d) |
| (3) | Applicant and respondent must be the same persons |
| 11 | Orders under Child Custody Enforcement Act |
| 12(1) | Reconciliation |
| (2) | Resumption of hearing |
| 13 | |
| 14(1) | |
| (2) | Restricting contact between cohabitees |
| PART II | |
| CHILD STATUS | |
| 15 | Definition |
| 16 | Void and voidable marriage |
| 17 | Person is child of parents |
| 18 | Application |
| 19(1) | Declaration |
| (2) | Order |
| 20(1) | Declaration |
| (2) | Director of Child and Family Services may move for hearing |
| (3) | Order |
| (4) | One presumption |
| (5) | Conflicting presumptions |
| (6) | Order during lives of parent and child |
| (7) | Exception if presumption |
| (8) | No declaration where child placed for adoption |
| 21(1) | Blood tests |
| (2) | Incapacity |
| (3) | Inference from refusal |
| 22(1) | Order to be recognized |
| (2) | New evidence |
| (3) | Effect of new order |
| 23 | Presumption of paternity |
| 24(1) | Orders to be filed with director |
| (2) | Acknowledgements may be filed with director |
| (3) | Inspection of filings |
| (4) | Director need not amend |
| (5) | Director shall amend |
| PART III | |
| RECOGNITION OF EXTRA-PROVINCIAL DETERMINATION OF PATERNITY | |
| 25 | Definitions |
| 26 | Recognition of orders made elsewhere in Canada |
| 27 | Recognition of orders made outside Canada |
| 28 | Exceptions |
| 29(1) | Filing with director |
| (2) | Amendment of record |
| (3) | Liability of director |
| 30 | Evidence |
| 31 | Findings elsewhere in Canada |
| 32 | Findings outside Canada |
| 33 | Evidence |
| 34 | Presumption where conflicting findings |
| 35 | Application |
| PART IV | |
| CHILDREN | |
| 35.1 | Definition of "child" |
| 36(1) | Obligation to support children |
| (2) | Child of spouse |
| (3) | Child of cohabiting person |
| (4) | Person standing in loco parentis |
| (5) | |
| FINANCIAL DISCLOSURE | |
| 36.1(1) | Financial disclosure |
| (2) | Penalty |
| 37(1) | Child support order |
| (2) | Child support guidelines apply |
| (3) | Terms and conditions |
| (4) | Costs |
| (5) | Obligation continuing after death |
| (6) | Agreement etc. taken into account |
| (7) | Reasons |
| (8) | Consent orders |
| (9) | Reasonable arrangements |
| 37.1(1) | Priority to child support |
| (2) | Reasons |
| (3) | Consequences of reduction or termination of child support order |
| 37.2(1) | Application to vary, rescind or suspend order |
| (2) | Terms and conditions |
| (3) | Factors for child support order |
| (4) | Child support guidelines apply |
| (5) | Subsections 37(6) to (9) and section 37.1 apply |
| (6) | Combined order |
| (7) | |
| 38 | |
| 39(1) | Joint rights of parents in children |
| (2) | Either parent may apply for custody of child |
| (3) | Evidence re conduct of parent |
| (4) | Access of parent to school and medical records |
| (5) | Exception |
| CHILD SUPPORT SERVICE | |
| 39.1(1) | Child support service |
| (2) | Appointing child support service |
| (3) | Effect of recalculation |
| (4) | Liability |
| (4.1) | Suspension |
| (5) | Right to vary |
| (5.1) | If no application to vary made |
| (6) | Effect of application to vary |
| (7) | Withdrawal of application |
| 39.1.1(1) | Child support service may request information |
| (2) | Service of request for information |
| (3) | Information to be provided |
| (4) | If information not provided |
| (5) | Information order |
| (6) | Crown bound |
| REGULATIONS | |
| 39.2(1) | Regulations |
| (2) | Guidelines |
| (3) | Child support service |
| 40 | |
| PART V | |
| PROCEDURE | |
| DIVISION 1 | |
| PRACTICE AND PROCEDURE | |
| 40.1 | Application of Division 1 |
| 41(1) | Jurisdiction of Queen's Bench |
| (2) | Jurisdiction of Provincial Court |
| 42 | Practice and procedure |
| 42.1 | |
| 43 | Interim order |
| 44 | Ex parte interim order |
| 45 | Review of order |
| 46 | Application to vary or discharge order |
| DIVISION 2 | |
| 46.1 to 46.5 | |
| DIVISION 3 | |
| GENERAL PROVISIONS | |
| 47(1) | Spouse a compellable witness |
| (2) | Counsellor not a compellable witness |
| 47.1 | Affidavits and transcripts |
| 48 | Consent orders |
| 49(1) | Information as to address |
| (2) | Compliance with the order |
| (3) | Crown bound |
| 50(1) | Penalty |
| (1.1) | Penalty re order under clause 10(1)(c) or (d) |
| (2) | Imposition of penalty |
| 51(1) | Appeals |
| (2) | Effect of appeals |
| PART VI | |
| ENFORCEMENT OF MAINTENANCE ORDERS | |
| 52 | Definitions |
| 53(1) | Automatic application of enforcement provisions |
| (2) | Non-application to prior orders or lump sum orders |
| (3) | Subsequent opting into or out of enforcement provisions |
| (3.1) | Separation agreement |
| (3.2) | Refusal to file |
| (3.3) | Effect of filing |
| (3.4) | Notice |
| (3.5) | Withdrawal |
| (3.6) | Renewal |
| (4) | Income assistance recipients |
| (5) | Default under Divorce Act orders, etc. |
| 53.1 | Clarification of order |
| 54(1) | Remittance of payments to designated officer |
| (2) | Records |
| (2.1) | Designated officer may specify manner of payment |
| (3) | Certificate of designated officer |
| 55(1) | Designated officer to take action on default |
| (2) | Designated officer may request information |
| (2.0.1) | Access to information or databanks |
| (2.1) | Parties to provide information |
| (2.2) | Information that may be disclosed |
| (2.3) | Information to be provided |
| (2.4) | Service of request for information |
| (2.4.1) | Service of certain requests by fax |
| (2.5) | Designated officer's options if no compliance |
| (2.6) | Information or reporting order |
| (3) | Crown bound |
| (3.1) | Offence re statutory declaration |
| (4) | Designated officer may initiate action |
| 56(1) | Screening proceedings before the deputy registrar |
| (1.1) | Person in default |
| (2) | Action by deputy registrar |
| (3) | |
| (4) | Hearing re order made under clause (2)(e) |
| (5) | Order remains in force |
| (6) | Arrears due if default in payment plan |
| 57(1) | Enforcement proceedings before judge or master |
| (1.1) | Person in default |
| (2) | |
| (3) | Powers of judge or master |
| (3.1) | Imprisonment served intermittently |
| (3.2) | Burden of proof under clause (3)(a) |
| (3.3) | Arrears due if default in payment plan |
| (4) | Additional penalties |
| (4.1) | Continuation of adjourned hearing |
| (5) | Disposition of security |
| (6) | Imprisonment for default in security |
| (7) | Appeal from master to Q.B. judge |
| (8) | Late payment hearing |
| 57.1(1) | Warrant by deputy registrar |
| (2) | Warrant by judge or master |
| 57.2(1) | Definitions |
| (2) | Person to be brought before justice |
| (3) | Release on undertaking |
| (4) | Release on recognizance |
| (5) | Order for detention |
| 57.3 | Appeal |
| 58 | Effect of imprisonment |
| 59(1) | Filing order in Land Titles Office |
| (2) | Exemptions |
| (3) | Application of Garnishment Act |
| 59.1(1) | Definition of "registrar" |
| (2) | Notice of possible action under H.T. Act |
| (3) | Content of notice |
| (4) | Service of notice |
| (5) | Hearing before judge or master |
| (6) | Notice to registrar of non-compliance |
| (7) | Proposal for payment of arrears |
| (8) | Notice to registrar of compliance |
| (9) | Regulations |
| 59.2 | Where person in default not served |
| 59.3(1) | Designated officer may apply for preservation order |
| (2) | Criteria for preservation orders |
| (3) | Preservation orders |
| (4) | Order made without notice |
| 59.4(1) | Designated officer may file financing statement |
| (2) | Lien and charge |
| (3) | Perfection on registration under Personal Property Security Act |
| (4) | Effect of registration under Personal Property Security Act |
| (5) | Priority of lien and charge |
| (6) | Priority of certain prior purchase money security interests |
| (7) | Priority of lien for tax collected and not remitted |
| 59.5(1) | Definitions |
| (2) | Authorized employee |
| (3) | Authorized employee may search designated officer's records about persons in default |
| (4) | Corporation obtains name and identifying information about claimant |
| (5) | Corporation searches records about persons in default |
| (6) | If claimant listed in records about persons in default |
| (7) | Substitution of lottery prize |
| (8) | Enforcement proceedings re lottery prize |
| (9) | Confidentiality |
| (10) | Immunity for acts in good faith |
| (11) | Regulations |
| 60(1) | Appointment of receiver |
| (2) | Appointment of receiver without formal application |
| (3) | Exemptions under Garnishment Act |
| 60.1(1) | Assets of a corporation or other person |
| (2) | Application to Court of Queen's Bench |
| (3) | Application without notice |
| (4) | Order |
| 61(1) | No time limitation on enforcement of arrears |
| (2) | Death of maintenance debtor |
| (3) | Death of person entitled to receive payments |
| (4) | Remission of maintenance payments |
| 61.1 | Immunity for acts or omissions in good faith |
| PART VII | |
| GENERAL | |
| 62 | Rights are additional |
| 63 | Limitation period |
| 64(1) | Definitions |
| (2) | Order or agreement assignable |
| (3) | Notice of assignment |
| (4) | Rights of director |